Divorce Attorney in Dallas, Texas

Facing the reality of divorce is already pressing enough in your personal life, but when you add the stress of legal procedures, it can feel all too overwhelming. However, understanding the laws and guidelines regarding a Texas divorce will be extremely beneficial when going through the process.  

At the Law Office of Sharion L. Fisher, I compassionately guide divorcing couples and provide legal advice about the intricacies of divorcing in the Lone Star State. Also, I have the resources you need to accomplish your goals and the compassion to cater to your needs.  

I proudly serve clients in Dallas and throughout Dallas County, Collin County, Ellis County, and Tarrant County, Texas. Schedule a consultation today to learn more.  

Texas Divorce Laws 

Texas, like each state, has its own set of laws and procedures that govern the dissolution of marriages. It is crucial for those contemplating or undergoing a divorce to familiarize themselves with the unique aspects of Texas legislation on this matter. 

The Texas Family Code is the legal framework that oversees divorce, or "dissolution of marriage" as it's formally known. Divorce laws in Texas are divided into sections that cover various aspects of the divorce process, including grounds for divorce, residency requirements, and procedures for property and child custody. 

In regards to residency requirements, at least one spouse must have been a resident of Texas for a minimum of six months prior to filing. Furthermore, the petitioner must have resided in the county where the divorce is filed for at least the preceding 90 days.  

In addition, the grounds for divorce in Texas are categorized into "fault" and "no-fault" bases. A "no-fault" divorce is one where the spouse petitioning for divorce does not have to prove the other spouse did something wrong. The most common no-fault ground is when the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. 

Understanding the intricacies of your state's divorce laws can help in preparing for the process and setting realistic expectations. From residency requirements that can prevent immediate divorce filings to complicated community property laws, speaking with a family law attorney is power when it comes to navigating the legal aspects of divorce. 

The Texas Divorce Process, Step by Step 

Divorce in Texas is an extensive legal procedure that involves several distinct steps. This breakdown will simplify the process, but bear in mind that each case is unique. Start with:  

1. The Filing: The divorce process officially begins with one spouse filing a "Petition for Divorce." If it is determined that the filing meets the legal requirements, the case is opened and the divorce process is initiated. 

2. Serving the Spouse: After the filing, the other spouse must be notified of the legal proceedings. This "service" typically involves an official legal notice and allows the spouse to respond to the petition. 

3. Temporary Orders: To address immediate issues such as custody or financial support, the court may enter temporary orders. These remain in effect until the divorce is finalized. 

4. Discovery and Negotiation: Parties exchange information about income, assets, and debts. Negotiations take place to resolve these matters amicably or through further legal proceedings, such as mediation. 

5. Mediation and Trial: If disputes cannot be resolved through negotiation, the court may order mediation. Should mediation fail, the case will go to trial, where a judge will decide on the unresolved issues. 

6. Finalizing the Divorce: Assuming no appeals are filed, and the judgment is granted, the divorce is finalized. This phase usually involves drafting and signing a "Final Decree of Divorce." 

Key Considerations for Texas Divorces 

Divorcing in Texas brings about a range of considerations that can significantly impact one's life post-separation. From the allocation of marital assets to support agreements, it is imperative to be mindful of these aspects:  

• The Division of Property and Debts: Texas follows community property laws, which means that assets and debts accrued during marriage are typically equally divided. Separate property, acquired before marriage or after the date of separation, remains the owner's individual asset or liability. 

• Child Custody and Support: In Texas, judges decide child custody based on the best interests of the child. The state also has specific guidelines for determining child support, including the calculation of payments and the terms of such support. 

• Spousal Support or Alimony: Spousal support, or "spousal maintenance," may be awarded in Texas if certain conditions relating to the financial needs of the recipient are met. The court will consider factors such as the duration of the marriage and each spouse's financial situation. 

Tips for Navigating the Divorce Process in Texas 

A smoother divorce process often hinges on informed action. Here are some practical tips for those undergoing the divorce process in Texas:  

1. Seek Legal Representation: While not mandatory, legal representation can be instrumental in safeguarding your interests and ensuring a just outcome. A divorce attorney can provide expertise in a range of legal and procedural matters, potentially saving time and minimizing stress. 

2. Manage Your Emotions: Divorce is a highly emotional experience. Taking steps to manage these emotions can help in making clearer, more objective decisions. Techniques such as therapy or exercising regularly may prove beneficial. 

3. Know Your Rights and Obligations: Educating yourself about your rights and obligations under Texas divorce law can make the process less intimidating. Spend time familiarizing yourself with the applicable sections of the Texas Family Code or consult with a legal professional. 

4. Be Thorough in Documenting Assets and Debts: During the discovery phase, be meticulous in cataloging all marital assets and debts. Gathering and organizing these documents can significantly expedite property settlement negotiations.